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201006523
<br />terms of any of the Loan Instruments.
<br />9. EVENTS OF DEFAULT. Any of the following events shall be deemed an "Event of
<br />Default" hereunder:
<br />(a) If Trustor fails to make payment of any installment of interest, principal or principal and
<br />interest or any other sum secured hereby when due; or
<br />(b) If a breach of or a default under any term, covenant, agreement, condition, provision,
<br />representation or warranty contained in any of the Loan Instruments occurs.
<br />10. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an
<br />Event of Default occur, then, subject to the provisions of the Nebraska Trust Deeds Act,
<br />Beneficiary may declare all indebtedness secured hereby to be immediately due and payable and the
<br />same shall thereupon become due and payable without any presentment, demand, protest or notice
<br />of any kind. Thereafter Beneficiary, at its sole option, may:
<br />(a) either in person or by agent, with or without bringing any action or proceeding, or by a
<br />receiver appointed by a court and without regard to the adequacy of its security, enter upon and take
<br />possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and
<br />do any acts which it deems necessary or desirable tv preserve the value, marketability or rentability
<br />of the Trust Estate, or any part thereof or any interest therein, increase the income therefrom nr
<br />protect the security hereof and, with or without taking possession of the Trust Estate, sue for or
<br />otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and
<br />apply the same, less costs and expenses of operation and collection including reasonable attorneys'
<br />fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine; the
<br />entering upon and taking possession of the Trust Estate, the collection of such rents, issues and
<br />profits and the application thereof as aforesaid shall not cure yr waive any default or notice of
<br />default hereunder or invalidate any act done in response to such default or pursuant to such notice
<br />of default, notwithstanding the continuance in possession of the Trust Estate or the collection,
<br />receipt and application of rents, issues or profits. Trustee or Beneficiary shall be entitled to exercise
<br />every right provided for in any of the Loan Instruments or by law upon the occurrence of any Event
<br />of Default, INCLUDING THE RIGHT TO EXERCISE THE POWER OF SALE; or
<br />(b) commence an action to foreclose this Trust Deed as a mortgage, appoint a receiver or
<br />specifically enforce any of the covenants hereof; or
<br />(c) deliver to Trustee a written Declaration of Default and Demand for Sale, and a written
<br />Notice of Default and Election to cause Trustvr's interest in the Trust Estate to be sold, which notice
<br />Trustee shall cause to be duly filed for record in the appropriate Official Records of the County in
<br />which the Trust Estate is located.
<br />11. FORECLOSURE SY POWER OF SALE. Should Beneficiary elect to foreclose by
<br />exercise of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit
<br />with Trustee this Trust Deed and the Note and such receipts and evidence of expenditures made and
<br />secured hereby as Trustee may require. Thereafter and only in accordance with or as permitted by
<br />the Nebraska Trust Deeds Act:
<br />(a) upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded,
<br />published and delivered to Ttvstor such Notice of Default and Notice of Sale and any other notice
<br />yr document ar instrument as then required by law and/or by this Trust Deed. Trustee shall,
<br />without demand on Tnxstor, after such time as may then be required by law and after recordation
<br />and/or delivery of such Notice of Default, Notica of Sale and/or any other notice required by law,
<br />sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale, either as a
<br />whole, or in separate Tots or parcels or items as Trustee shall deem expedient, and in such order as
<br />he may determine, at public auction to the highest bidder for cash in lawful money of the United
<br />States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof his
<br />good and sufficient deed or deeds conveying the property so sold, but without any covenant or
<br />warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including, without limitation, Trustor, Trustee and
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